Appeals Court Upholds Doctor-Patient Gun Law
July 29, 2015
For the second time in little more than a year, a federal appeals court Tuesday upheld a controversial Florida law that restricts doctors from asking questions and recording information about patients’ gun ownership.
The 2-1 decision by a panel of the 11th U.S. Circuit Court of Appeals was a victory for the National Rifle Association and other gun-rights advocates and a defeat for medical groups that argued, at least in part, that the law infringed on doctors’ First Amendment rights.
The appeals court last July also upheld the 2011 law but issued a revised ruling Tuesday. After last year’s decision, medical groups continued challenging the law, including asking for a rehearing before the entire Atlanta-based appeals court.
Dubbed the “docs vs. glocks” law, the measure includes a series of restrictions on doctors and other health providers. As an example, it seeks to prevent physicians from entering information about gun ownership into medical records if the physicians know the information is not “relevant” to patients’ medical care or safety or to the safety of other people.
As another example, the law says doctors should refrain from asking about gun ownership by patients or family members unless the doctors believe in “good faith” that the information is relevant to medical care or safety. Also, the law seeks to prevent doctors from discriminating against patients or “harassing” them because of owning firearms.
A federal district judge in 2012 sided with opponents of the law and issued an injunction against it. But the appeals court last July and again Tuesday overturned the injunction.
“The purpose of the act, as we read it, is not to protect patient privacy by shielding patients from any and all discussion about firearms with their physicians; the act merely requires physicians to refrain from broaching a concededly sensitive topic when they lack any good-faith belief that such information is relevant to the medical care or safety of their patients or others,” said the majority opinion, written by Judge Gerald Tjoflat and joined by Judge L. Scott Coogler.
But Judge Charles Wilson wrote a lengthy dissent arguing that the law violates the First Amendment rights of physicians.
“Simply put, the act is a gag order that prevents doctors from even asking the first question in a conversation about firearms,” Wilson wrote. “The act prohibits or significantly chills doctors from expressing their views and providing information to patients about one topic and one topic only, firearms.”
The Republican-dominated Legislature and Gov. Rick Scott approved the law after hearing accounts of doctors unnecessarily asking questions about gun ownership or even refusing to continue providing care if such questions were not answered.
In Tuesday’s majority opinion, Tjoflat repeatedly pointed to instances in which doctors can continue justify asking about firearms, such as in the case of a patient considered at risk of suicide.
“Thus, a physician may make inquiries as to the firearms-ownership status of any or all patients, so long as he or she does so with the good-faith belief — based on the specifics of the patient’s case — that the inquiry is relevant to the patient’s medical care or safety, or the safety of others,” the majority opinion said. “If, for example, the physician seeks firearm information to suit a personal agenda unrelated to medical care or safety, he or she would not be making a ‘good-faith’ inquiry, and so the act plainly directs him to refrain from inquiring.”
But Wilson’s dissent raised questions about whether the law stemmed from anecdotal incidents. He also argued that doctors should have the right to ask questions about guns in addressing the well-being of patients.
“There is nothing to suggest that the doctors’ inquiries or messages regarding firearms were not genuinely believed to be in the patients’ best medical interest when given,” Wilson wrote. “But there is evidence in the legislative history to suggest that the harassment provision (of the law) is designed to prevent these conversations from taking place in the future. That is certainly the result it will achieve. Doctors will largely cease inquiring into and counseling on the topic of firearms, lest they be accused of crossing the line between providing life-saving preventive medical information and promoting an anti-firearm political agenda.”
by Jim Saunders, The News Service of Florida
Traffic Shift For I-10 Near Scenic Highway
July 29, 2015
Interstate 10 (I-10) eastbound traffic near U.S. 90 (Scenic Highway) in Escambia County will be shifted to the south near the Scenic Highway overpass beginning this week. The shift will allow crews to place a large crane in the median needed for the demolition and reconstruction of the Scenic Highway overpass. The traffic shift will be in place until the end of 2015.
Drivers destined for Scenic Highway will continue using the I-10 on-and-off ramps. The speed limit on I-10 eastbound near Scenic Highway will be reduced to 60 mph.
All planned construction activities are weather dependent and may be re-scheduled in the event of inclement weather.
Injured Teen Airlifted After Cantonment ATV, Vehicle Crash
July 29, 2015
At teen was airlifted to the hospital following an ATV crash with a vehicle Tuesday afternoon in Cantonment.
The accident happened about 5:20 p.m. at the intersection of Nowak Road and Country Road 97 when the ATV and a SUV collided. According to the FHP, the 2000 Yamaha ATV driven by 16-year Timothy Trouch of Cantonment was traveling northbound on County Road 97 in the right turn lane. As Trouch attempted a right turn onto Nowak Road, he pulled into the path of a 2006 Lexus RX 400 driven by 46-year old Tammi Hill of Cantonment.
A passenger on the ATV, 17-yar old Morgan Long of Cantonment, was airlifted by Lifeguard helicopter to Sacred Heart Hospital with non-life threatening injuries. Trouch received minor injuries.
Hill and her passenger, a 14-year old female, were not injured.
Trouch was cited by the FHP with driving an all terrain vehicle on the roadway.
Escambia County EMS and the Cantonment Station of Escambia Fire Rescue responded to the crash.
NorthEscambia.com photos, click to enlarge.
Wahoos Fall To Lookouts
July 29, 2015
The Pensacola Blue Wahoos (17-14, 42-57) got off to a hot start but fell to the Chattanooga Lookouts (12-17, 55-42) at AT&T Field Tuesday night.
Wahoos starter Daniel Wright (7-8, 4.66) fell after three consecutive wins on a night in which he gave up seven runs on nine hits in 3.2 innings. Most of the damage came in the decisive fourth inning, when the Lookouts had seven runs on six hits and a pair of walks. He was relieved by Wandy Peralta, newly a member of the bullpen, who went 3.0 and gave up a run on four hits.
Chattanooga’s Brett Lee (1-4, 4.25) earned his first Double-A win in nine tries this season as he went 5.0 innings while allowing three runs (two earned) on three hits.
The Wahoos struck first in the second with a three-run inning keyed by a two-RBI double from Seth Mejias-Brean, who lead the Wahoos at the plate as he went 2-4. He would later score on a throwing error to make it 3-0.
After a few frames of quiet baseball, the Lookouts made some noise in the bottom of the fourth as they scored seven runs on six hits, taking a 7-3 lead and chasing Wright out of the game in the process.
The Wahoos attempted to cut into the lead in the top of the fifth as they loaded the bases without a hit, but they came up empty as Lee was able to hold strong.
The Lookouts added to their lead as Shannon Wilkerson drove in a run on a double to right field, making the score 8-3.
The Wahoos threatened again in the eighth as Juan Duran’s double and Mejias-Brean’s single put runners at the corners with nobody out. However, the Wahoos came up empty.
RHP Kevin Shackelford did not give up a hit in the eighth inning as he made his 20th appearance since April 25. Since then, he’s gone 1-3 with a 1.50 ERA (four earned runs in 24.0 innings of work) with nine walks and 12 strikeouts.
The Wahoos have now dropped four straight after reaching the top of the division last week at 17-10.
The Blue Wahoos are on a 10-day road trip against the Chattanooga Lookouts and Jacksonville Suns.
Millions Available For RESTORE Projects For Individuals, Businesses, Organizations
July 28, 2015
Individuals, businesses and organizations in Escambia County have the opportunity to submit projects for millions of dollars in RESTORE projects to be funded with civil penalties from the Deepwater Horizon oil spill.
Monday evening, a Distirct 5 pubic workshop was held at the Langley Bell 4-H Center to give residents an opportunity to learn more about using the project portal, answer questions regarding application preparation and submission, and encourage collaboration.
The Escambia County RESTORE Project Application Portal is now open and can be accessed by visiting restore.myescambia.com until September 30.
Submitted projects must:
- Meet at least one of the eligibility criteria outlined in the federal RESTORE Act (see eligible activities)
- Include a project budget
- Address the evaluation criteria which can be found at www.myescambia.com/restore
Once the application portal closes, project proposals will be evaluated by the technical review team consisting of subject matter experts, the RESTORE Act Advisory Committee and the Escambia County Board of County Commissioners.
During the review process, applicants may be contacted for more information. Once all projects have been ranked, a list of recommended projects will be posted on www.myescambia.com/restore. The public will have an opportunity to provide comments on the project list. The Board of County Commissioners has the final authority for approval of the project list before it is submitted to the U.S. Department of Treasury for federal level review.
For more information, contact Shelly Marshall, RESTORE coordinator for Escambia County, at (850) 595-5460, email restore@myescambia.com.
One additional public meeting is scheduled for Tuesday, August 11 at the Gull Point Community Center at 7000 Spanish Trail Road.
Pictured: A Monday evening District 5 RESTORE project meeting at the Langley Bell 4-H Center in Cantonment. NorthEscambia.com photos, click to enlarge.
Court Orders Resentencing For ‘Gravely Ill’ Sex Offender
July 28, 2015
An appeals court Monday ordered a new sentencing hearing for a “gravely ill” Santa Rosa County sex offender who could face nearly five years in prison for failing to report a new address.
The inmate, 50-year old Anthony Paul Childers, sought to have his 57.6-month sentence reduced because of severe medical conditions including cirrhosis of the liver and internal bleeding. His attorneys pointed to part of state law that allows such reductions when inmates have physical disabilities and are “amenable” to treatment.
A Santa Rosa County judge turned down Childers’ request.
But a three-judge panel of the 1st District Court ordered resentencing because it said it was “unable to discern from the record why the trial court rejected (Childers’) request for a downward departure sentence.” The ruling said Childers pleaded no contest to a charge of failing to report or register a change in address. It said a circuit judge should determine whether Childers meets the legal requirements for a reduced sentence and, if so, whether that is the “best sentencing option” for him.
Northview Grad Weeks Inks With Jeff Davis Baseball
July 28, 2015
Northview High School graduate Brett Weeks has signed a full baseball scholarship with Jefferson Davis Community College in Brewton. Weeks was part of Northview’s district and regional championship teams and the’s first appearance in the state final four. Pictured: Brett Weeks (center), his mother Julie Weeks, father Ray Weeks (right) and Northview Coach Marty Lister (standing). Photo for NorthEscambia.com, click to enlarge.
State, Tribe At Odds On Card Games
July 28, 2015
The Seminole Tribe of Florida is refusing to fold on its push to continue hosting blackjack and baccarat at most of its casinos, but Gov. Rick Scott’s administration is trying to shut down the lucrative “banked” card games.
Letters swapped Monday between the state Department of Business and Professional Regulation and the tribe indicate that the two sides may be heading toward a showdown later this year over the card games, part of a 20-year gambling “compact” inked in 2010.
Authorization of the card games is set to expire Friday. The compact gives the tribe 90 days to put an end to the card games, which include blackjack, baccarat and chemin de fer.
In a letter sent to tribal chief James Billie, Department of Business and Professional Regulation Secretary Ken Lawson asked the tribe “to discuss your plan and proposed timeline for the closure of banked card games at your tribal facilities.”
Lawson also took note of the state’s “great working relationship” with the tribe in his note to Billie, adding that “I look forward to continuing that good will.”
The tribe quickly responded with a letter to the governor’s office requesting mediation in the dispute.
“The tribe alleges the state has triggered the exception to the sunset provision for banked card games, as well as other compact remedies, by electing to permit other entities in Florida to conduct various types of banked card games,” part of the letter reads.
The 2010 agreement gave the tribe exclusive rights to operate banked card games at five of its seven facilities for five years. In exchange, the Seminoles pledged to pay Florida a minimum of $1 billion over the same time period, an amount the tribe has exceeded.
The tribe and its lawyers contend that the state has allowed other gambling operators to operate banked card games, however, in violation of the exclusivity deal.
Billie sent Scott and state legislative leaders a “notice of commencement of compact dispute resolution procedures” last month outlining what the tribe considers violations of the agreement.
The June 24 letter included a claim the tribe has made for years regarding slot machines that look like blackjack and roulette and are authorized by state gambling regulators at non-tribal pari-mutuels. The slots operate essentially the same as the banked games, Billie wrote, the only difference being that the cards are electronic instead of paper, “a distinction we assert is without a difference.”
The Seminoles also raised a new issue in last month’s letter about whether player-banked card games in which the “bank” is another player instead of “the house” — first authorized by state gambling regulators in 2011and now at play in at least three pari-mutuel facilities — also violate the tribe’s rights to exclusivity. “Banked” card games, such as blackjack, are typically considered those in which players bet against the house instead of each other.
The June request triggered a 30-day period — which ended Sunday — for negotiations that apparently went nowhere.
According to Monday’s letter from the tribe’s lawyers, “the parties met on July 16, 2015, but did not resolve the dispute.”
Federal law gives both sides the right to request mediation if the dispute hasn’t been resolved.
Lawmakers failed to pass a renewal of the compact or a new deal during this spring’s legislative session. But some believed that the 90 days provided to the Seminoles to shut down the games would give enough time to reconsider the issue when the Legislature returns for committee meetings in the fall.
The tribe’s push to keep running the games — and possibly add others, such as craps and roulette — comes as out-of-state casinos continue to seek a foothold in Florida.
But leading GOP senators, who have been on front on the issue, insist that no gambling legislation will be approved unless the compact is resolved first.
If the state refuses to renew the deal, it is almost certain the Seminoles will turn to the courts to resolve the matter.
Monday’s exchanges, however, don’t mean that litigation is a certainty, according to Senate Majority Leader Bill Galvano, who headed negotiations with the tribe while a House member in 2010.
“This is similar to the position we were in last time before we were able to enter into a deal. I think the state has significant leverage at this point, and there’s nothing to preclude us from having those negotiations,” Galvano, R-Bradenton, said.
by Dara Kam, The News Service of Florida
Putnam Fast-Tracks Concealed Weapons Licenses For Military Members, Veterans
July 28, 2015
Florida, which already has the most concealed-weapon licenses in the nation, is now fast-tracking the process for active-duty military members and honorably discharged veterans.
Agriculture Commissioner Adam Putnam announced Monday that active and retired service members will immediately begin to get top priority when applying for the licenses.
The expedited process is part of the state’s reaction to a shooting rampage in Tennessee in which four Marines and a sailor were killed on July 16.
“The men and women who serve and have served our country deserve all of the support we can provide,” Putnam said in a prepared statement.
The announcement expands upon an executive order issued July 18 by Gov. Rick Scott. The executive order included a requirement that preference be given to members of the Florida National Guard when applying for concealed-weapon licenses.
The order also directed Adjutant Gen. Michael Calhoun to temporarily move National Guard members from six “storefront” recruitment centers to armories and to work with local law-enforcement agencies to arrange regular security checks of armories.
Putnam expanded the license fast-tracking to include all military members.
Active members of the military are advised to include copies of their Common Access Cards or other forms of official military identification with their applications. Veterans have to file copies of their DD 214 long forms with their applications to get fast-tracked.
The state agency hasn’t estimated how many members of the military and veterans will take advantage of the expedited process, said Putnam spokeswoman Jennifer Meale.
Currently, there are more than 1.41 million concealed-weapon licenses issued in Florida, according to the state Department of Agriculture and Consumer Services, which administers the program.
The state went over the 1 million mark in December 2012, becoming the first state in the nation to surpass that figure.
Pennsylvania, which does not post its concealed-weapon numbers, has reportedly joined Florida in surpassing the 1 million mark.
According to a 2014 study from the Pennsylvania-based Crime Prevention Research Center, Texas has issued the third most concealed-carry permits among the states.
There were 825,957 concealed-carry permits in Texas as of Dec. 31, 2014, according to the Texas Department of Public Safety.
Meanwhile, Florida lawmakers in 2014 made it more convenient to apply for a concealed-carry licenses by allowing county tax collectors’ offices to accept applications.
So far, 13 offices — Brevard, Highlands, Hillsborough, Indian River, Lee, Marion, Martin, Nassau, Okaloosa, Pasco, Pinellas, St. Johns and Walton — accept the applications.
by Jim Turner, The News Service of Florida
Cantonment Drive-By Shooting Under Investigation
July 27, 2015
A drive-by shooting late Sunday night in Cantonment is under investigation.
About 11:20 p.m., Escambia County Sheriff’s deputies responded to the 200 block of Sheppard Street, between Booker and Washington streets, for a reported drive-by shooting.
A resident was outside locking up his vehicle when he said an older model Jeep drove by his residence.
An unidentified suspect was standing up in the back of the Jeep and began firing at his residence. The victim took cover and the Jeep fled from the area. Neither the victim nor the two occupants located inside of the residence were injured by the gunfire.
Anyone with information on the shooting is asked to call Crime Stoppers at (850) 433-STOP or the Escambia County Sheriff’s Office at (850) 436-9620.